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franchise agreement

What is included

The term ‘franchising’ is normally used in connection with either a business format form of franchise or in connection with a product and trade mark franchise.  Under a business format form of franchise, the Franchisor grants to the franchisee not only the right to use the franchisor’s trade marks but also the right to use an entire business format in accordance with which the franchisee must carry on their business.

Franchising in Australia is governed by the Franchising Code of Conduct.  The Franchising Code of Conduct is a mandatory industry code of conduct that has the force of law under the  Competition and Consumer Act 2010 (Cth).

The definition of ‘franchise agreement’ in the Franchising Code of Conduct is wide.  An agreement exhibiting the features specified in Clause 4(1) of the Code, will be a franchise agreement for the purposes of the Code.

This Franchise Agreement Template covers matters required by the Franchising Code including:

·         Interpretation & Definitions

·         Disclosure documents & Cooling off  period

·         Franchisee’s initial obligations

·         Term

·         Renewal

·         Territory

·         The Code

·         Designated representative

·         Training fee

·         Initial capital investment fee

·         Ongoing franchise fee

·         GST

·         Duties of the Franchisor

·         Duties of the franchisee

·         Premises

·         Customer referral

·         Accounts and Financial Records

·         Advertising and marketing

·         Non-Disclosure

·         Business name

·         Manual

·         Sale by franchisor

·         Sale by franchisee

·         Preconditions to consent to sale

·         Termination

·         Consequences of termination

·         Restraint of trade

·         Dispute resolution

·         Notice

·         Cost

·         Independent contractors


Franchise agreement template is approximately 20 pages long and includes gst.

Now Included Free in the Franchise Agreement Template

Franchise Code of Conduct 80 pgs.

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What is a Franchise Agreement

A franchise agreement is a legally binding contract between a franchisor (the owner of a franchise) and a franchisee (an individual or entity wishing to operate a franchise). This agreement grants the franchisee the rights to operate a business using the franchisor’s brand, business model, and resources in exchange for fees and adherence to specific terms and conditions. The franchise agreement outlines the obligations, rights, and expectations of both parties, ensuring that the franchise operates consistently and maintains the franchisor’s standards.

Key Elements

Key Elements of a Franchise Agreement

  1. Parties Involved

  2. Grant of Franchise:   

  3. Territory

  4. Term and Renewal

  5. Fees and Payments

  6. Franchisor’s Obligations

  7. Franchisee’s Obligations:  

  8. Operational Standards

  9. Training and Support

  10. Marketing and Advertising

  11. Confidentiality and Intellectual Property: Reporting and Auditing

  12. Termination and Transfer

  13. Dispute Resolution

  14. Governing Law:

  15. Signatures

About us

Established since 2015, Precedents Online leads the industry with a diverse collection of over 300 legal templates. Our legal documents, meticulously crafted by practicing Solicitors and renowned legal authors, provide you with the precise solutions you seek. Step into a world where legal paperwork is made easy .

Eric Kalde is the author of over 300 +  practice guides published through the leading Australian legal publishers Precedents Online.
Lawyers all over Australia rely on Eric Kalde’s precedents and practice guides in their legal practice.
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